H.B. 175
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to qualifications and licensure for county
10 constables, deputy constables, and apprentice constables.
11 Highlighted Provisions:
12 This bill:
13 . creates the position of apprentice constable;
14 . requires county constables, deputy constables, and apprentice constables to be
15 licensed by the Bureau of Criminal Identification;
16 . provides the requirements for applicants to be licensed as a county constable, deputy
17 constable, or apprentice constable; and
18 . provides rulemaking authority for the Bureau of Criminal Identification to establish
19 a licensing process for constables, deputy constables, and apprentice constables.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 17-25a-2 , as enacted by Laws of Utah 1990, Chapter 44
27 ENACTS:
28 17-25a-2.5 , Utah Code Annotated 1953
29 17-25a-2.6 , Utah Code Annotated 1953
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 17-25a-2 is amended to read:
33 17-25a-2. Constable -- Licensure -- Duties.
34 (1) To qualify as a constable, a deputy constable, or an apprentice constable, a person
35 shall be [
36 Criminal Identification.
37 (2) A constable, a deputy constable, and an apprentice constable shall:
38 (a) avoid all conflicts of interest; and
39 (b) maintain a public office and be accessible to the public and to the court during the
40 hours the court is open.
41 Section 2. Section 17-25a-2.5 is enacted to read:
42 17-25a-2.5. Constable, deputy constable, and apprentice constable --
43 Qualifications and licensing requirements.
44 (1) An applicant to be licensed as a constable, a deputy constable, or an apprentice
45 constable by the Bureau of Criminal Identification under Section 17-25a-2 shall be:
46 (a) at least 21 years of age;
47 (b) a citizen or legal resident of the United States; and
48 (c) of good moral character.
49 (2) An applicant may not have been convicted of:
50 (a) a felony;
51 (b) any act involving the illegal use, carrying, or possession of a dangerous weapon;
52 (c) any act or threat of personal violence or force against another person;
53 (d) any act constituting dishonesty or fraud;
54 (e) impersonating a peace officer; or
55 (f) any act of moral turpitude.
56 (3) Any person applying to be licensed as a constable shall be currently certified as a
57 law enforcement officer or a special function officer.
58 (4) Any person applying to be licensed as a deputy constable shall:
59 (a) be currently certified as a law enforcement officer or a special function officer; or
60 (b) have a minimum of 2,000 hours of civil process service experience.
61 (5) (a) Any person applying to be licensed as an apprentice constable is not required to
62 have prior experience or be currently certified as a law enforcement officer or a special
63 function officer.
64 (b) An apprentice constable shall work under the supervision of a constable or deputy
65 constable for a minimum of 2,000 hours as an apprentice constable before qualifying for
66 licensure as a deputy constable.
67 (6) Deputy constables and apprentice constables shall work for, or contract with, a
68 currently licensed constable.
69 Section 3. Section 17-25a-2.6 is enacted to read:
70 17-25a-2.6. Rulemaking.
71 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
72 Bureau of Criminal Identification shall make rules to establish procedures under which a
73 person may be licensed as a constable, a deputy constable, or an apprentice constable under this
74 chapter.
75 (2) The Bureau of Criminal Identification shall establish fees in accordance with
76 Section 63J-1-504 .
Legislative Review Note
as of 2-28-14 4:56 PM